By using Livekick.com, you agree to the following terms of service:
Acceptance of Terms
Livekick.com, LLC. ("Livekick") provides a collection of online resources, including email services and links to third party sites (referred to hereafter as "The Service"), available at the URL Livekick.com ("The Site"), that are subject to the following Terms of Use ("Terms"). By using the Site or the Service in any way, you agree to comply with these Terms. In addition, when using particular Livekick services, you agree to abide by any applicable posted guidelines for those services, which may change from time to time. Please report any violation of these Terms to abuse@livekick.com.
Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Livekick in any way, your only recourse is to immediately discontinue use of the Site and the Service. Livekick will not be held be liable for any loss or damage due to non-compliance.
These Terms may be updated by Livekick from time to time.
You understand and agree that you are solely responsible for reviewing these Terms from time to time. You can always review the most current version of these Terms at http://livekick.com/tos/. Any continued use of the Software or Service by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.
You understand and agree that unless expressly stated, Livekick in no way controls, verifies or endorses any of the information contained on or in the Service including listings, links, messages, advertisements and reviews.
Registration
Registration is required to use the Service or access to the Site, and if you decide to register, you must complete the Livekick registration process. If you choose to register, you must submit a valid e-mail address and select a password during the registration process and be at least 13 years of age. You are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use. You agree to notify Livekick immediately of any unauthorized use of your account.
Livekick reserves the right to refuse the Service or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.
Registration is required to use certain types of functionality that require the service to recognize a user (e.g., Livekick email and text message alerts). If you decide to register or sign up for certain services, you will need to give Livekick certain Personally Identifiable Information, such as a valid e-mail address and zip code, access to your media player library file, your username for certain other online services. You will also have the option to provide other Personally Identifiable Information such as your mobile phone number for text message alerts. This Personally Identifiable Information will be used to personalize and improve your experience of our service. This information will not be disclosed to any third-party without your explicit consent. With regard to the importing of content from 3rd party websites or your media player, Livekick will not be held responsible or liable for the content transmitted between such 3rd party service or your media player software to your Livekick account.
You hereby agree by providing Livekick, through the registration process or on your Livekick account 'Settings' page your username credentials to other certain websites you are granting Livekick a license to use such information to personalize your Livekick experience.
Registered users may choose to receive mailings from us regarding our service or the Sites. You may opt-out of receiving future mailings as part of the registration process, or at a later stage by disabling the email or text message alerts features under your account settings.
Registered users may choose to allow Livekick import certain information from their media player or various online services in order to personalize. By doing so, you are granting Livekick permission to import and store such information in your Livekick account.
To use the Service, you may be required to download software or content and/or agree to additional terms of service. Unless otherwise provided by the additional terms of service, they are hereby incorporated into this Agreement. The Service may integrate with other services provided by third parties. If you access or use the Service through a third party website or other interface, or use a software or other product in connection with the Service, you may be subject to additional terms of service.
You can review and change your Personally Identifiable Information or password at any time by going to the "Settings" page at http://livekick.com/settings/.
User Conduct
As a condition to your use of this web site and the Service, you agree not to:
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Reverse engineer, decompile or disassemble any of the software used to provide this web site or the Service;
Interfere with or disrupt this web site or the Service, or any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
Obtain, collect, store or modify the personal information about other users.
Livekick reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Livekick may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Livekick has no obligation to pre-screen or monitor your access to or use of this web site or the Service or any information, materials or other content provided or made available through this web site, but has the right to do so for the purpose of operating this web site and the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You hereby agree that Livekick may, in the exercise of Livekick' sole discretion, remove or delete any information, materials or other content that violates these Terms or that is otherwise objectionable.
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to 'meta-search' the Site or download data from the Site for competitive or commercial purposes. Livekick reserves the right to block automated programs that do not comply with these restrictions.
Take events from Livekick and reformat and display them, or mirror Livekick results on a competitive or commercial web site. If you want to make competitive or commercial use of Livekick, you must enter into an agreement with Livekick to do so in advance. Please contact us for more information.
Content
You understand that all listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. You also understand that Livekick does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.
Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of Livekick. Livekick makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will Livekick be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site.
Livekick does not provide any warranty as to your use of third-party content or software that you obtain from the Site.
Any content created using the Service is the property of Livekick.
No Spam Policy
You understand and agree that sending unsolicited email advertisements to Livekick email addresses or through Livekick computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Texas. Any unauthorized use of Livekick computer systems is a violation of these Terms and certain federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Ownership
All rights, titles and interests in and to the Site and the Service are and will remain the exclusive property of Livekick and its licensors. "Livekick, LLC." and Livekick logos, icons and other marks identifying Livekick services or products are trademarks of Livekick and may not be used without prior written permission. Any other trademark, logo, icon or other mark in the Site and Service is the property of its respective owner. Except as otherwise expressly set forth in these Terms, you may not copy, reproduce, distribute, or create derivative works of the Service or the Site without Livekick' express written authorization. All rights not expressly granted in these Terms are reserved to Livekick.
Livekick respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distributed, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us at abuse@livekick.com. Filing a notice of infringement with Livekick requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The instructions for filing a notice of copyright infringement may be found here.
Dealings with organizations or individuals
Livekick shall not be liable for your interactions with any organizations and/or individuals found on the Site or linked through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Livekick is not responsible for any damage or loss incurred as a result of any such dealings. Livekick is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release Livekick, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Optional Desktop Software Client Download
If you select to install the Livekick desktop client software for Windows operating system or Max OSX ("Livekick Client Software"), the terms of this Agreement apply to such installation and use. Further, you specifically agree to the following terms of service:
You are specifically aware of and agree to the terms of our Privacy Policy concerning the Livekick desktop software client available at: http://livekick.com/privacy/
All disclaimers and limitations of liability set forth herein also apply to your download and/or use of the Livekick Client Software.
The Livekick Client Software will be transmitting your music library data (e.g. a list of all songs and playlists in your digital music library) to the Livekick servers. Such data will be stored and associated with your Livekick account.
The Livekick Client Software will automatically send periodic updates to the Service, and you hereby agree and authorize Livekick and Livekick Client Software to do so.
You hereby agree that Livekick Client Software is the property of Livekick, and that any reproduction or copying, publication or distribution of Livekick Client Software, in whole or in part, is strictly prohibited. You agree not to translate, reverse engineer, decompile, disassemble, or otherwise reduce the Livekick Client Software to a human-perceivable form. You agree not to circumvent any technology used to protect the Livekick Client Software. You agree not to modify or create derivative works based on the Livekick Client Software.
Limitation & Termination of Service
You acknowledge that Livekick may establish limits concerning use of the Service. You agree that Livekick has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Livekick reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Livekick shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Livekick in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Livekick believes that you have acted inconsistently with these Terms. Further, you agree that Livekick shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination.
Privacy & Information Disclosure
Livekick has a Privacy Policy that explains to users how their information is collected and used. A copy of the current version of our Privacy Policy can be found at http://livekick.com/privacy/. Your use of the Site or the Service signifies acknowledgement of and agreement to our Privacy Policy.
You further acknowledge that Livekick may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of Livekick, its users or the general public.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. LIVEKICK, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER LIVEKICK, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LIVEKICK ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations on Liability
IN NO EVENT SHALL LIVEKICK, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF LIVEKICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, LIVEKICK SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF LIVEKICK TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO LIVEKICK, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LIVEKICK AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD LIVEKICK HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST LIVEKICK ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE.
General information
These Terms are governed in all respects by the laws of the State of Delaware, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in New York, New York, and you consent to the exclusive jurisdiction of such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Livekick' failure to act with respect to a breach by you does not waive Livekick' right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns. Livekick shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Livekick' reasonable control. Any notice required or given to you under these Terms shall be delivered by electronic mail at the e-mail address provided by you during registration. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
Last updated: 9/30/2008